State v. . Alman
Supreme Court of North Carolina
Motion to discharge a prisoner, made before Watts, J., at Eall Term 1869, of Wake Court. The prisoner had been indicted at the same term for Murder.
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Motion to discharge a prisoner, made before Watts, J., at Eall Term 1869, of Wake Court. The prisoner had been indicted at the same term for Murder. The jury charged with the trial of the case retired to consider of their verdict at 8 o’clock, P. M., of Saturday in the first week of the term, “and being unable to agree,” came to the bar of the Court on Monday evening at half-past 5 o’clock, when a juror was withdrawn, and the jury discharged, neither the prisoner nor his counsel being present in Court. Afterwards, at the same term, the counsel for the prisoner moved for his discharge from…
1Opinion of the CourtBodman, J.
In The State v. Prince, 63 N. C. 529, it was decided that a Court had no power to discharge a jury under the state of facts appearing of record there. In that opinion, the previous decisions of this Court were discussed, and we thought ourselves justified, by the authority of Newton's case, 66 E. C. L. 716, and the reasons therein stated, in holding that the rule asserted in our former cases, could not be supported in its full extent. The counsel for the present defendant, in his argument before us, suggested that by an incidental statement occurring in the opinion in Prince’s case, to the…
2Cases cited2 opinions
- State v. . Prince .Supreme Court of North Carolina · 1869
- State v. . BullockSupreme Court of North Carolina · 1869
3Cited by16 opinions
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